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JOHNSON v. FOURTH COURT OF APPEALS

No. C-4100.

700 S.W.2d 916 (1985)

Sue JOHNSON, Relator, v. The Honorable FOURTH COURT OF APPEALS, Respondent.

Supreme Court of Texas.

December 11, 1985.

Attorney(s) appearing for the Case

Law offices of Pat Maloney, Janice Maloney, San Antonio, for relator.

House & House, C.G. House, San Antonio, for respondent.

ORIGINAL MANDAMUS

McGEE, Justice.

The question in this mandamus proceeding is whether a trial court has discretion to grant a new trial in the interest of justice. We hold that the granting of a new trial for that reason is within the trial court's discretion and conditionally order the court of appeals to vacate its previous judgment.

Relator, Sue Johnson, was raped and brutally beaten in her apartment. She sued the security guard on duty the night...

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